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British tourist detained by US authorities for 10 days over visa issue

(www.theguardian.com)
205 points n1b0m | 5 comments | 10 Mar 25 18:32 UTC | HN request time: 0.731s | source
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sergers ◴[10 Mar 25 20:43 UTC] No.43325851[source]▶
i was following this on another site before it showed up here:

1)UK citizens dont need a visa perse coming into canada as a tourist

1b) electronic travel authorization form is not required for UK citizens coming to canada over land border.

2)she was staying at Workaway, which depending on how you interpret/misinterpret is "working" (which it possibly is, a little shady on what they are.) so canada may have thought she was going to work... which a tourist visa doesnt cover

so my guess is canadian authorities felt she was coming here to work, which she didnt have the proper paperwork so got denied.

USA authorities upon re-entry attempt, probably felt she is scamming the ESTA 90 days being on a "4 month" trip, staying at workaway locations... and playing devils advocate, there is no proof that this is NOT what she was trying to do... going to a short trip in canada before going back thinking it resets ESTA (they have to be gone from usa for a reasonable time)

so much unknowns.

i think they were right to detain her/deny her entry... but the length of detainment is at issue.

very first thing i think of when viewing their site is this is some lodging for volunteer/unpaid labour. https://www.workaway.info/

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1. cco ◴[10 Mar 25 22:26 UTC] No.43326832[source]▶
> very first thing i think of when viewing their site is this is some lodging for volunteer/unpaid labour. https://www.workaway.info/

I'm certainly not an immigration lawyer but my understanding is that _no_ work, none, even in exchange for room and board, is allowed on a tourist visa in the US.

Workaway looks like it isn't compatible with a tourist visa in the US and their website doesn't really call that out. Seems like something that nine times out of ten if you're just quiet about it it'll never come up and you'd be fine.

But unfortunately Canada refused entry and then questions were asked. Rough.

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2. Terretta ◴[10 Mar 25 22:37 UTC] No.43326914[source]▶
“Generally you will be expected to help around 5 hours per day in exchange for food and accommodation. Some hosts may give a paid allowance to ensure they are offering at least the minimum wage in their country.”
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3. mingus88 ◴[10 Mar 25 23:08 UTC] No.43327206[source]▶
That doesn’t make it legal, particularly in the US
4. newyankee ◴[10 Mar 25 23:18 UTC] No.43327304[source]▶
The hint is in the name itself.
5. nosianu ◴[10 Mar 25 23:23 UTC] No.43327345[source]▶
I wonder how Camp America is doing it these days.

https://www.campamerica.co.uk/the-experience/camp-jobs/campo...

Back in 1997 I participated. I had to get a J-1 visa, worked in a summer camp for about two months and got $400 pocket money. I entered the country using the program description, no deception.

Later I actually worked in the US - on a simple business trip visa - B1. For 12 months, interrupted by trips back home. Legally! Reentry got harder and harder with each return trip, and in the end I was taken to the back. But after explaining everything I git the stamp, no problem.

The secret: A big German company wanted to make the software of a big Silicon Valley company work on their platform. The obstacle: That company would not let their source code leave their premises. So this German job normally done in Germany had to be done on premise at the SV company. I still was a full German employee, only a temporary change of office because of that policy. It was acceptable for immigration. I don't think I would try that kind of thing again these days though.